No Fault Divorce – UK Divorce Law Changes Explained

In 2022, no fault divorce was introduced into UK divorce law. Since then, separated couples can apply for a divorce petition without having to assign blame for the breakdown of the marriage as they previously did.

In this article, we explain:

No Fault Divorce Explained

Before April 2022, to be granted a divorce, the court needed to be convinced that the marriage has irretrievably broken down, to a point where it can’t be saved.
Previously, divorcing couples had to assign a reason for why they were applying for divorce. Whilst couples will still be required to demonstrate the marriage has broken down irretrievably, they will now be able to with a “statement of irretrievable breakdown”.

Under the old divorce system couples could apply for a divorce if:

– A couple lived separately for more than 2 years and both gave their consent to the divorce, or;
– Lived separately for more than 5 years

They could then  apply for a divorce if one person blamed the other for the breakdown of their marriage. And the reason for the divorce had to fall into the category of either adultery or unreasonable behaviour. These blame-based options were two of five legally recognised grounds for divorce under the previous divorce system.

Below are changes to divorce law since the introduction of no fault divorce:

No fault divorce removes the ‘blame game’

The most important change with no fault divorce is the removal of fault or blame from the divorce legal process. Under the new no fault divorce system, couples can get a divorce simply on the basis that the marriage has broken down. They do not need to assign one of the 5 reasons for divorce.

Under the no fault divorce law, there isn’t a requirement for one person to blame the other for the breakdown of the marriage or civil partnership.

This has proven to be a positive step with our clients. This requirement to assign blame often causes hostility and can make the divorce process more difficult to resolve. Removing the blame game can remove the likelihood of complex, long legal battles in court..

Couples can apply for divorce together

Under the old divorce laws, one person needed to issue divorce proceedings against the other. Under the new no fault divorce law, the divorce application can either be made by one person or both people can make the application jointly.

We suggest seeking legal advice from a divorce solicitor before proceeding with a joint divorce.

A 26 week time frame has been introduced 

There is now a minimum time frame of 26 weeks between the divorce application and final order. This gives a ‘period of reflection’ giving couples an opportunity to consider working through their differences before committing to a divorce or civil partnership dissolution.

This new change has made it more important to seek expert advice from a divorce solicitor as this introduction may cause a delay on the length of the divorce process. This may impact on any financial matters, including a financial settlement.

You can not contest a divorce

Under the new divorce law, a divorce or civil partnership dissolution can only be contested except in extremely limited circumstances. This will be decided by the family court when they court feel compelled to investigate further.

For example, a person may still defend divorce proceedings if they argue that the country in which the court proceedings are taking place does not have the jurisdiction to do so.

What are the benefits of a no fault divorce?

Easier to achieve an amicable divorce 

In many cases, couples want to divorce because the love has been lost within the marriage. Or, circumstances have changed to such an extent that people wish to go their separate ways. The no fault divorce means there will no longer be a need to engage in any “blame game” and it should increase the chance of an amicable divorce.

The divorce process may be quicker

No fault divorce means couples no longer have to wait 2 years to obtain a divorce if nobody was at fault. This often made them feel in limbo.

No one can contest the divorce

The new no fault divorce law will remove the ability for one spouse to contest the decision of a divorce. Including, because they do not agree with the reasons for the divorce. Therefore avoiding lengthy and unnecessary contested divorce court proceedings. 

It also may help those parties stuck in abusive and controlling relationships leave their partner. Previously, abusive partners were able to use their ability to contest the divorce to keep their partner in the relationship. This is no longer the case.

It will also allow the abusee to leave a relationship without having to make allegations about the abuser, making it an easier way out of the relationship.

It removes any inequality 

This change will make sure that same-sex partners can now use adultery as a reason for divorce, just like opposite-sex couples. It will create fairness and equality in the law.

The new process is generally more accessible to most people. It has seen the removal of words such as decree nisi’ and ‘decree absolute’, replacing with ‘conditional order’ and ‘final order’. These are easier for those who are not familiar with legal jargon to understand.

It’s better for families with children

It will help to ensure that issues from a divorce, such as child arrangements and settling finances, can be dealt with better. As nobody is blaming the other for the breakdown of the marriage, there is likely to be a more amicable separation all round.

Also, it is well argued that the no fault divorce removes the stress and tension that children may be exposed to when their parents/guardians go through the divorce process.

Taking away the tension and the need to focus on the faults in a relationship will allow divorcing couples to find negotiations a much easier process. For example, agreeing on the care of their children, benefits both the separating parties and the children involved. 

How long does a no fault divorce take?

The average time it takes to get a divorce is around eight to ten months. However, the process can take longer, depending on the circumstances. To get a more realistic idea, it’s best to consult a divorce solicitor.

How can a divorce solicitor help?

If you are separated and looking to get a divorce, our team of divorce solicitors are here to help. We know it can be worrying contacting a divorce solicitor, but you’ll find our team approachable and easy to talk to. We also offer a free 30 minute appointment to all new clients. 

You can email Howells to make an appointment at  [email protected] or call us:

Sheffield: 0114 249 66 66

Barnsley: 0122 680 51 90

Rotherham: 0170 936 40 00